Foreign Judgments in Mexico and the United States

Arizona Journal of International & Comparative Law, Vol.1, pp.173-200, 1986

28 Pages Posted: 30 Jun 2009

See all articles by Dale Beck Furnish

Dale Beck Furnish

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: 1986

Abstract

There is no effective way to enforce a foreign judgment from Mexico in Arizona, nor vice versa. In practical effect, the judgment debtor whose assets are across the border will not have to pay the judgment unless it is a very large one or unless neither time nor money are limitations on the judgment plaintiff. Curiously, the laws of both Mexico and Arizona supposedly expedite enforcement and would welcome the judgment from a foreign country, but the laws do not achieve their stated purpose. This article pursues the question of what concrete steps to aid enforcement of judgments might be taken in the neighboring states of Arizona and Sonora, or in other Mexican and U.S. states which share intensive transborder exchange. It proposes a call for state legislation, and a model statute, or, in the alternative, supreme court rules, which will serve the stated philosophy of both jurisdictions in favor of enforcing valid judgments from the other.

Keywords: Transborder Disputes, Enforcing Foreign Judgments, Mexico-Arizona Relationship

Suggested Citation

Furnish, Dale Beck, Foreign Judgments in Mexico and the United States (1986). Arizona Journal of International & Comparative Law, Vol.1, pp.173-200, 1986, Available at SSRN: https://ssrn.com/abstract=1427320

Dale Beck Furnish (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

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